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HomeMy WebLinkAboutMin - CC - 1994.11.07235 BI,JRLINGAME, CALIFORNIA November 7,1994 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FI-A,G kd by Boy Scout Troop 10. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of October L7 , 1994 were unanimously approved after a change on page 7 by Councilwoman Knight to show that she asked about removal of trees. PUBLIC NG - APPEAL FOR AMEND TO HILLSIDE CONSTRU TION PERMIT APPRO City Planner reviewed her memo of November I which recommended council hold a public hearing and take action. Nikita and Anna Derugin are requesting an amendment to their hillside construc- tion permit to raise the height of the new second story roof ridge 2.16 feet for an overall height of 16 feet 9 inches from top of curb at the front of the house. When the hillside area construction permit was granted in September 1993, a condition was that the height of the new roof not exceed the existing roof which was shown to be 16 feet 9 inches. The required survey after framing showed a discrepancy because the original roof ridge was only 14 feet 7 inches. The fact that the applicant did not request an increase in roof ridge height was supported by testimony at the 1993 public hearing. The Planning Commission approved the original request in 1993 and at the hearing on October 11 they granted an amendment to allow a2 foot 2 inch increase in the maximum height, noting the impact on the view was minimal from inside adjacent properties and requiring reduction of the now existing ridge would be punitive. The structure height is measured from the top of curb at the front of the house and this house is located on a downward sloping lot. The alternative would be to cut 2 feet off the top of the roof, making it a flat peak. Because of weather and the need to make the house water tight, the city has allowed the applicant to put asphalt paper on the entire new roof and shingle the roof to the height of the original roof. She responded to council questions regarding the 1993 and 1994 commission action and the plars presented for each submittal noting the current plars show the original roof height but the 1993 plan did not. Mayor O'Mahony opened the public hearing. Anru and Nikita Derugin explained that they built according to the plans that were approved; they had no knowledge that measurement was wrong; would be a great financial burden to remove the roof; were concemed about the neighbor's who feel they lost their view; spoke of compromises they have made concerning the deck, such as removing a door facing neighbor's yard and changing the stairs inside house, they did not want to shut the 236 kitchen off from the deck; he believed there was lack of communication with the architect; they noted they are very happy with the work done by architect and builder. Councilman Pagliaro and Councilwoman Knight discussed the 1993 hearing with applicants. Mary Dunlap, architect, said there was a misunderstanding about height; said this property is over four feet lower than neighbor- ing property and there is 28 feet between houses, showed photos of the house and area. Council- man Pagliaro asked if she had seen the conditions for approval in 1993, she said no; he asked if she had assisted the applicants in a redesign, she said she discussed that with builder and it would cost about $20,000. Councilwoman Knight was concerned that architect did not receive conditions, staff explained that all parties on application including the architect were sent copies of the Planning Commission staff report and letter of the commission's action with conditions. Speaking in opposition was loris Moorbrink, neighbor, who stated she lost half her view to the rear from the extension of the house to the rear; the new deck is level with her fence and looks down into her yard; she was told the new roof wouldn't be higher but it is higher and she would like it reduced so she could see if she installed a garden window in the future; she believed the applicant had a right to build, but she also had a right to view. Councilman Harrison confirmed she was complaining about loss of privacy. Mr. Vint spoke in opposition to encroaching on his view, he is disabled and enjoys sitting outside; he was told the addition would be no higher. The hearing was closed. Councilwoman Knight had observed view from the porch in front of his windows and where he sat on the south end of the wall; while there is some loss of view from the porch, the view is most obstructed from the wall; the code addresses priority for view loss from inside the house, still neighbors were told the roof would be same height; she felt the responsibility lay with the designer who should correct the error; present roof is temporary. Councilman Harrison agreed about loss of privacy but thought requiring removal of the roof would be punitive; he would support the Plarning Commission approval. Councilman Pagliaro was concerned about the error in plans by the designer but it did not appear to be the fault of the owners, neighbors or city administration. Councilman Spinelli thought there was an error by the architect, but he noted there are trees there that block the views and they will eventually screen the house. Mayor O'Mahony reviewed that a hillside area construction permit is about long distance views from habitable areas of the home; she would support the Planning Commission. Councilman Harrison moved to uphold the Planning Commission approval with conditions by adoption of RESOLUTION 83-94. Seconded by Councilman Pagliaro and carried 4-l on roll call vote, Councilwoman Knight voting no. PUBLIC HEARING - REVIEW OF FRONT AND REAR SETBACK VARIANCES. CONDOMIN- IUM PERMIT AND TENTATIVE CONDOMINIUM MAP FOR FOUR UNITS AT 1273 EL CAMINO REAL - RESOLUTION 84-94 APPROVING SAME City Planner reviewed her memo of November I which recommended council hold a public hearing and take action. Drake Gardner, designer representing John Sullivan, is requesting two variances to front and rear setback in order to build a three story, four unit, residential condominium over a parking garage. The front setback variance is required because the average setback of structures on the block is 24 feet and the face of the proposed building is 20 feet behind the front property line; as designed, the structure takes advantage of an exception in the code which allows balconies, decks and porch coverings to extend four feet into the front setback, therefore the setback with these projections is 16 feet. The rear setback variance is based on the fact that the required setback for the third floor is 20 feet while the proposed project deck extends to 18 feet from the rear property line. A major storm drain crosses the southeastern corner of this lot and no construction is allowed within the drain easement. The proposed design includes decks which provide private open space 237 Mayor O'Mahony opened the public hearing. Drake Gardner, designer, reviewed the landscape plans; large storm drain easement impacs design for the lot; his engineer feels that the steel framing of project will make project seismically sound; noted the tree removal process was not required for Planning approval. Councilman Pagliaro asked about structural design, variances requested, landscaping and aesthetics. Gardner reviewed design, said the building would have textural effects, distinctive stair railings and windows, and landscaping; the easement forces a long nanow building, needed front and rear setback variances to make project economically viable. Councilwoman Knight noted this project would be an improvement to the existing house; she hoped the landscaping would blend with area. Gardner said a front planter could be planted with ivy to cover north wall. The hearing was closed. Councilman Spinelli was concerned about the removable decks which the condo association would have to pay to remove and replace, this would increase costs to homeowners, would be part of CC&R. Gardner noted the decks only encroach into the easement by about one square foot; council suggested the decks be angled out of the easement area so the deck would not have to be removable. Councilman Harrison moved to approve the tentative map and to uphold the Planning Commission approval of the condo permit and variances with conditions and two additional conditions: (l) that no action on the variances or residential condo permits shall become effective until the applicant has received a tree removal permit for the two foot diameter Eucalyptus tree and 16 inch diameter silk oak tree and the site landscape plans showing required replacement trees and conformance with the Tree Preservation and Reforestation ordinance have been approved by Park Director and (2) the decks be angled in such manner that they not extend into the easement. Seconded by Councilwoman Knight and carried 4-1 on roll call vote, Councilman Pagliaro voting no. A o REN FO METROPOLITAN ER SYSTEMS (MFS) Public Works Director reviewed his memo of November 2 which recommended council approve an agreement with MFS for installation of an underground fiber optic system. At the last meeting council expressed concerns about the route and equipment to be installed. Engineering staff has reviewed a new route from the San Mateo city limits to Carolan Avenue and MFS sent photos and plans of the underground vaults to be installed. Councilman Pagliaro asked about the size of vaults to be used in our city; asked if the installation could be made on San Mateo side of Peninsula PUBLIC COMMENTS - None. above and over the drainage easement. The portions of these decks which overhang the easement are required to be "removable" so the future owners are aware that they may need to be removed to provide access for large equipment if work needs to be done on the storm drain. The Planning Commission approved this request at its October l1 meeting. At the last meeting council asked about the removal of trees and that landscape plans would have to be approved by the Park Director. Since then the applicant has submitted landscape plans and the Park Director noted two trees are protected, one a Eucalyptus and one a silk oak. Notice of proposed removal of these trees has been sent to neighbors. If a neighbor protests removal, the Beautification Commission would hold a public hearing. That decision could be appealed to council. If the Eucalyptus is required to be retained a parking variance would be required as the tree would affect backup space. She responded to council that under the current reforestation requirements the trees removed would have to be replaced with trees that would grow as large. Public Works Director responded to question about the offset of upper and lower floors and seismic stability. 238 Avenue which is commercial rather than the Burlingame side which is residential; concern about pedestrian safety of lift slots in vaults; questioned where vaults would be installed; installation on Carolan to avoid residential side. MFS representative responded to questions. Councilman Pagliaro moved to approve the agreement by adoption of RESOLUTION 85-94 with conditions that route be on San Mateo side of Peninsula, that any aperture in top of underground vault be covered to resist tripping, and that installation be considered on the west side of Carolan. The motion carried unanimously by voice vote. REOUEST TIME EXTENSION FOR URM RETROFIT PLAN SUBMITTAL _ 220 EAST LANE Public Works Director reviewed his memo of October 26 which recommended council consider granting an extension of time for submittal of plans for structural renovation of an existing building partially constructed of unreinforced masomy at 220 East Iane. Our URM ordinance sets two deadlines for compliance, first is January 1, 1995 for submittal of test reports and plans for structural retrofit, second is June 30, 1996 at which time all work is to be completed. The ordinance provides council may grant extensions based on economic hardship, and that applications for extension must be submitted at 90 days prior to the deadline. This request was received on October 19, 1994. The letter states the current tenant of the building is in financial difficulty and if that problem is not cleared up the owner may demolish the building rather than upgrade it. Attached to the staff report was a report on the status of all URM buildings. Council briefly discussed notifying owners who have taken no action, staff noted they were renotified six months ago. Councilman Harrison suggested another notice be sent. Councilman Harrison moved to approve this request for extension of deadline until June 30, 1995. Seconded by Councilman Pagliaro and carried unanimously. Councilwoman Knight asked if we would be posting the buildings which are not in compliance with URM laws; told about a building in San Francisco with a plaque notifying public of danger. Staff noted at one time the state was requiring such notice, but that requirement was dropped; we may want to do that in future. City Attorney reviewed his memo of October 26 which recommended council renew this permit and place it on the annual review in June hereafter. This permit was first granted in May 1994 for a six month period because of concerns about karaoke music. There were a few complaints about noise earlier but there have been no complaints in two months. Councilman Harrison moved to renew the permit until June 1995. Seconded by Councilman Spinelli and carried unanimously. NONCONFORMING USES IN COMMERCIAL AREAS City Planner reviewed her memo of September 12 which recommended council consider the issue of when nonconforming uses in commercial areas are considered to be discontinued. City code provides that if a nonconforming use is abandoned for six months, the property reverts to uses allowed by code. The current policy is when a site is vacant and a property owner has been actively trying for more than six months to lease the property for a nonconforming use and is finally successful the six month rule does not apply for abandonment of the nonconforming use. Council- man Harrison said he would like to see a committee of property owners involved in this discussion first, then have council discuss again in January or February. Councilman Pagliaro said he would rather see the policy remain as it is now. Council concurred. 239 BURLINGAME AVENUE/BROADWAY STREETSCAPE City Manager reviewed his memo of November 2 which recommended council consider improve- ments on Burlingame Avenue and Broadway. Our capital improvement budget has $73,500 for Burlingame Avenue sidewalk improvements; staff estimates sidewalk repairs would cost up to $300,000 on Burlingame Avenue; new light standards would cost about $200,000. The Broadway BID is holding a charette on November 12 to discuss the appearance of Broadway. This year AB 3754 was approved which author2es assessment to property owners in a business improvement district. Councilman Pagliaro said he has asked staff to contact other cities about what they have done in this area, collect data for council; he suggested council discuss at the February study meeting and take some action in the budget next year. Councilman Spinelli said at the League meeting he heard Michael Friedman, who lived in San Francisco, speak about improvement districts; Friedman had worked with Long Beach, Pasadena, and lodi; Friedman was given high praise and Spinelli would like to hear from him at a study meeting, thought we needed professional guidance. Councilwoman Knight told about the Beautification Commission and Park Director's talk about replacing trees on Burlingame Avenue; she complemented the Broadway BID on their progress. Councilman Harrison also praised the Broadway BID, wished Burlingame Avenue could institute such an organization; noted both merchant groups are working on the shuttle bus proposal; like to add improvements to the council's "wish list." Mayor O'Mahony was delighted with the BID; would also like to look at property owners participating in improvements. Councilman Spinelli mentioned there is graffiti on Burlingame Avenue. Councilman Pagliaro suggested council review at February study meeting, then perhaps talk to a consultant such as Friedman after that meeting. SENIOR COMMISSIO N APPOINTMENT City Manager's memo of November 3 recommended council extend the deadline or make an appointrnent to the commission. There was only one application, Jay Ernst, who applied for Park and Recreation and who was interviewed by Councilman Pagliaro and Councilman Spinelli. Councilman Spinelli moved to appoint Jay Ernst to the Senior Commission. Seconded by Council- man Pagliaro and carried unanimously. CANCEL NOVEMBER 16 STUDY MEETING City Manager's memo of November 2 recommended council cancel the meeting; he had tentatively scheduled the BART/EIR for that meeting but the EIR will not be released until later. Council concurred with canceling the meeting. CONSENT CALENDAR Regarding "a" park hours, Councilman Pagliaro wondered about establishing ctty park hours on state property, staff responded. Regarding "c" contract for fire station improvements, Councilman Spinelli asked why fire crews needed a handicap bathroom facility; staff explained ADA require- ments. Staff noted that item "d" was pulled off the agenda by staff. a ORDINANCE 1515 APPLYING CITY PARK HOURS TO WOOLEY PARK City Attorney's memo of October 12 recommended council introduce this ordinance. During discussion of renewal of the Amusement Permit for Bobby McGee's the problems taking 240 place at Wooley Park were noted and council asked about applying city park hours to control the problems. After discussing with Police and hotel management, this ordinance was proposed to limit park hours, but allow people to walk on the bayfront pathway between the hotel and Kincaid's Restaurant. The hotel will pay for signs to alert the public. RESOLUTION 86.94 AUTHORIZING AGREEMENT WITH SAN MATEO COUNTY FOR ANIMAL CONTROL SERVICES City Manager's memo of October 31 recommended council approve an agreement with the County for animal control service and shelter facilities; the county then contracts with the Humane Society for provision of the services. We have modified the agreement to clarify that we are not adopting chapters 6.2 and 6.3 of the county code regarding mandatory spaying or neutering of cats and dogs, breeding permits and licensing of cats. Our share of costs for 1994-95 is $56,350. c RESOLUTION 87-94 AUTHORIZING ARCHITECTURAL CONTRACT FOR CON- STRUCTION DOCUMENTS AND ADMINISTRATION OF FIRE STATION 36 RENO- Fire Chief's memo of October 24 recommended council award a contract to Nilmeyer/Nilm- eyer Associates for architectural work in the amount of $11,920. Agreement for l,andscaping Services - pulled off agenda. RESOLUTION 88.94 AUTHORIZING AGREEMENT FOR REHABILITATION OF EXISTING SEWER FORCE MAIN AT HIGHWAY 101 - CP 8405 Public Works memo of November 3 recommended council approve an agreement with CH'?M Hill in the amount of $19,545 to rehabilitate the old force main for an emergency standby. f. DENIAL OF CLAIMS: (1) GSA PROPERTIES: (2) JOANNE & MICHAEL MAHONEY City Attorney's memos of October 12 and October l7 recommended denial of these claims for (1) broken stepping stones and (2) a sewer backup. g. OUT OF STATE TRAVEL FOR POLICE OFFICER City Manager recommended approval of the Police Chief s request for our School Liaison Officer to make a presentation on the GREAT program at the Califomia Middle Schools Conference at North Lake Tahoe, Nevada in January 1995. The school district will pay for the conference registration but city would cover hotel cost. EMPLOYEES City Manager's memo of October 24 recommended approval of wage agreements with eight departrnent head and four unrepresented employees (city manager, city attomey, city clerk and secretary to city manager). This is a two year contract with 3 percent salary adjusfinent each year. b. VATIONS. 1399 ROLLINS ROAD d. e. h. 241 ENCROACHMENT PERMIT FOR ROCK WALL AT 1401 HILLSIDE CIRCLE Public Works memo of November 2 recommended council approve this permit subject to standard conditions. Councilman Harrison moved approval of the Consent Calendar, excluding "d." Seconded by Councilman Spinelli and carried unanimously. Councilwoman Knight reported on kague of California Cities conference, transportation committee meeting, and Criminal lustice. Councilman Harrison complimented the Recreation Department on its newsletter; talked about ALUC and Convention Bureau. Councilman Pagliaro told of upcoming ABAG General Assembly. Mayor O'Mahony told about BART meeting and airport financing; council discussed briefly. Councilman Spinelli told of Airport Roundtable discussions. OLD BUSINESS Mayor O'Mahony would send council a copy of her letter regarding reirstating the landscaping Award and a citizen donating $1,000 for this award. Council agreed the award plaque could recognize this citizen but it should be called the Burlingame Landscaping Award. Councilwoman Ihight did not approve of changing the award in any manner. ACKNOWLEDGEMENTS a Commission Minutes: Beautification, October 6; Planning, October 24; Library Board, October 18; Traffic, Safety and Parking, October 13; Broadway BID, October 11 and 26, 1994. b l,etter from Clifford Semmler regarding water rates in Burlingame Hills area and response from Public Works Director. c. ktter from Martin Dreiling regarding the new parking lot on Chula Vista. d. ktter from l:uriu Helland regarding satellite antenna ordinances. e. Building Department Report, October 1994. f. ktter from Ruth Ference suggesting Easton Branch Library have longer hours during main library reconstruction. g. I-etter from Mayor of Santa Cruz regarding Gulf War veterans. h. Proclamation honoring Pete and Ednamae Campanile on their retirement from Tower Deli. CLOSED SESSION Mayor O'Mahony adjourned at 10:20 p.m. to a Closed Session where the City Manager reported on labor negotiations with Police and Fire administrators. COUNCIL COMMITTEE REPORTS 242 ADJOURNMENT IN MEMORY OF MABEL BECKER Mayor O'Mahony noted with sadness the death of Mabel Becker, our Finance Director's mother. After a moment of silence, the meeting was adjoumed in her memory at 10:30 p .m. Judith A. City Clerk